How Is Liability Determined in a Truck Accident?
Determining liability after a truck accident can be challenging, and having an experienced attorney in your corner is critical to the success of your claim. To establish liability through a truck accident claim, your attorney must prove the following vital elements:
- The defendant owed you a legal duty of care
- The defendant breached their duty of care by acting negligently
- Their negligent actions caused your accident
- Your accident caused you to suffer tangible and intangible losses
All Utah drivers owe others on the road a duty of care to act responsibly behind the wheel and prevent accidents. If a truck driver breached this duty of care by disobeying traffic laws or engaging in distractions like texting, they may be found negligent and held liable for their injuries. Depending on the circumstances surrounding your accident, other parties may be at fault.
What Compensation Can I Collect Through a Truck Accident Claim?
Truck accident victims often suffer life-altering physical, emotional, and financial losses. If someone else’s negligence caused your accident, you may have grounds to pursue compensation for your economic and non-economic losses. Some of the damages we may be able to help you pursue include the following:
- Current and future medical expenses
- Lost wages and earning potential
- Significant disfigurement or disability
- Emotional trauma
- Pain and suffering
An experienced truck accident attorney from Feller & Wendt can help truck accident victims like you seek the monetary compensation they need to heal and recover. We are dedicated to considering the full scope of your current and expected needs when fighting for the total value of your claim.
How Long Do I Have to File a Claim After My Truck Accident?
All states follow a strict legal deadline for personal injury claims known as the statute of limitations. In Utah, the statute of limitations for truck accident claims is four years from the accident date. If you fail to file within this time limit, you may forfeit your right to compensation.
While many truck accident victims assume four years is more than enough time to seek justice for their losses, it is critical to contact an attorney as soon as possible. Your attorney can work quickly to preserve essential evidence like the truck’s black box data before it is damaged or wiped. When you partner with a skilled Feller & Wendt attorney, you can trust us to begin work on your case immediately to ensure you comply with the statute of limitations.
Who Can Be Held Responsible for a Truck Accident?
Although many truck accidents are caused by driver negligence, there are several parties that may bear fault for your injuries, including:
- The truck driver
- The trucking company
- The truck manufacturer
- The loading company
- Another driver on the road
Our attorneys will investigate every aspect of your case to determine the cause of your accident and who may be held responsible for your injuries. In many cases, more than one party may be at fault.
How Are Truck Accidents Different From Car Accidents?
Due to their sheer size and weight, truck accidents often cause more severe injuries and property damage to victims. This can lead to extended hospital stays, lengthy absences from work, and extensive car repairs. In other words, truck accidents can result in the victims claiming greater damages.
Legally, these accidents can be more complex due to intricate commercial trucking regulations and the potential for multiple liable parties. An experienced truck accident attorney who understands the intricacies of federal and state trucking laws can help increase your chances of achieving a favorable outcome.